Opinion
2001-10782
Argued October 24, 2002.
November 12, 2002.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Health, dated January 30, 2001, which, after a fair hearing, denied the petitioner's application for Medicaid Assistance on the ground that he possessed resources in excess of his medical needs.
Moritt Hock Hamroff Horowitz, LLP, Garden City, N.Y. (Henry Klosowski of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion Buchbinder and Carol Fischer of counsel), for respondent New York State Department of Health.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Marisa D. Pollina of counsel), for respondent Suffolk County Department of Social Services.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION JUDGMENT
ADJUDGED that the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits, with one bill of costs.
Contrary to the petitioner's contention, the determination of the respondent New York State Department of Health that the petitioner possessed resources in excess of his medical needs is supported by substantial evidence in the record (see Matter of Iannoti v. Commissioner of N.Y. State Dept. of Health, 283 A.D.2d 645; 18 NYCRR 360-2; 360-4; EPTL 7-3.1[c]; see generally Oxenhorn v. Fleet Trust Co., 94 N.Y.2d 110).
SMITH, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.